Item 3AAGENDA ITEM # 3A
MAY 24, 2010
May 18, 2010
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanson
_.~--C'ity'l0t"anager
SUBJECT: Follow-up eport
Staff Resort on possible development; at the last commission meeting, a Commissioner asked
about a staff report dated August 10, 2004 from Sonya Doerr outlining possible development that
could occur on undeveloped property in Jacksonville adjacent to Atlantic Beach (presently
known as The Estates). The specific question was "why is the City taking up staff time and
resources to do developers presentation; why the developer did not come and address the
Commission himself, as most do; why did the City vet this information before presenting it to the
Commission?"
The report resulted from a request made at the previous commission meeting on August 9, 2004
when Mayor Meserve reported that he had received a letter from Attorney Paul Harden
proposing to annex and develop the property. Commissioner Waters requested that staff put
together information concerning annexation, and possible uses for the property under the current
(Jacksonville) zoning. A copy of that portion of the minutes from the August 9, 2004 meeting is
attached. Also attached is a copy of the August 10, 2004 staff report from Sonya Doerr.
City of Jacksonville Requirements for Tree Mitigation; it was also alleged in the last
commission meeting that the City of Atlantic Beach would not be required to pay mitigation for
any trees removed in the proposed street right-of--way of The Estates and related to the sewer line
project. This statement is not correct. Atlantic Beach would be subject to tree mitigation
payments to Jacksonville for this project if any trees were to be removed. Engineers working for
the City of Atlantic Beach contacted Jacksonville officials starting in 2008 and had continuing
correspondence with them as late as March of 2010. An e-mail from John Collins, engineer
working on behalf of the City, dated May 12, 2010 is attached along with a string of previous
e-mails showing that the City of Jacksonville staff interpreted their rules to require that Atlantic
Beach would be subject to tree mitigation.
AGENDA TI'EM # 3A
MAY 24, 2010
August 9, 2004 REGULAR COMMISSION MEETING Page 12
~ • Noted that the JEA was severely trimming trees in the city and they
looked homblc. It was suggested that staff contact them to see if
something could be done to prevent the damage.
Commissioner Beaver
• Agreed with Commissioner Simmons concerning the tree trimming and
stated that he wished the trees were pruned horticultwally correct.
Commissioner Beaver suggested that the City Manager send a letter to
the company requesting the company abide by the city's rules.
Mayor Meserve
• Reported there would be no city-sponsored Super Bowl events at the
beach since Jacksonville would not be providing funding or
transportation for the events. He indicated that the deadline for
sanctioning an event had passed and he had dissolved the Super Bowl
Committee chaired by former Commissioner Borno. The Mayor stated
he would continue to see if anything could be done and the city would
still need a security plan.
• Reported he had received a letter from Attorney Paul Harden concerning
The Estate of Atlantic Beach, LLC, which proposed to annex and
.-~ develop property located in 3acksonville, on Old Sherry Drive just west
of Oceanwalk. He commented on some of the options for the
development and requested that Commissioners give some thought to
the request and be prepared to discuss it at a future meeting.
Commissioner Waters requested that staff put together information
concerning annexation, and possible uses for the property under the
current zoning.
• Reported that the access road to Johnston Island belonged to Florida
Department of Transportation.
Adjournment There being no further
adjourned at 9:50 p.m.
ATTEST:
Gtl
~., Maureen King
Certified Municipal
Mayor declared the meeting
Mayor/Presiding Officer
AGENDA ITEM # 3A
MAY 24, 2010
~I~~ ®I+ A.T~.AI~'I'gC ~~AC~I
~IT~ C®IVII~ISSI®l~ S'I'A~'~ REP®R~'
AGLI~IDA I7CIJIVI: Infox•mation x•elated to proposed develapxnent site within the City of
3acl~sonville, which is contiguous to the City of Atlantic Beach
(north of the Fleet Landing P1<JD and ,vest of the ®eean walk PUD)
~I1»MIT'I'lElO BY: Sonya Doerr, AICP „~:.; ~
Community Development Directox•
DA'I'lE: August 10, X004
~ACKGR~gTl~TI~o The subject property contains approximately 27 acres with about 17
acres of regulatory wetlands. (Please bear in mind that all information provided within in this
report, which describes the proposed development, is provided voluntarily by the property
owner. This property is outside of the City of Atlantic Beach municipal limits; therefore, no
applications for development permits, and no information of record have been submitted to the
City of Atlantic Beach.)
The property owner has expressed an interest to the COAB~ and the COJ in seeking annexation
of the property into the COAB, and describes the intended plan of development as up to 30
.---.., single-family lots, which would exceed the RS-1~- Zoning District requirements and comply
tivith the Residential, Low Density Comprehensive Plan future land use designation.
The property owner wishes to access the site from the SeIva Marina 1 Old Sherry Drive right-
of-way, which is a platted, but partly unconstructed public right-of--way. It appears that this
right-of--way or Mayport Road would provide the only reasonable means of access to the site.
The property owner has characterized the proposed project as being more in keeping with
existing Atlantic Beach development patterns, as opposed to that existing along Mayport Road
in the vicinity of this project; thus the desire to annex the property into the city of Atlantic
Beach.
The property currently has a COJ zoning designation of RMD-D (Residential, Medium
Density. The COJ 2010 Comprehensive Plan Future Land Use Map designation of this
property is MDR (Medium Density Residential) and the MDR category allows a "gross density
range" of up to 20 dwelling units per acre. The gross acreage of the property is about 27 acres,
which hypothetically could support in the range of 450 - 500 multi-family dwelling units. (The
City of Jacksonville MDR and RMD-D regulations are attached.)
There is no "fixed" height limit for multi-family use in the RMD-D district. Height is based
upon incremental increases in required setback. The COJ Comprehensive Plan, however, does
state that low-rise multi-family is the predominant land use in the MDR land use category, but
there is nothing that indicates high-rises would be prohibited if the required setbacks could be
met.
AGENDA ITEM # 3A
MAY 24, 2010
If the property were to be annexed to the City of Atlantic Beach, a zoning designation of either
RS-1 or PUD, and a Comprehensive Plan future land use designation of Residential, Low
Density would seem to be appropriate. The project would be subject to all Land Development
Regulations in effect at the time any permits were sought, including zoning provisions, wetland
protection, tree regulations, stormwater requirements, etc.
Annexation pxocedures are set forth within State law, and the COAB 1995 Agreement with the
COJ (subsequent to the original 1982 Interlocal Agreement) also addresses annexation within
paragraph 12 (attached) of that Agreement. The exact annexation procedure that would apply
to this property is under review.
RECOMMENDATION: Discussion; no action required at this time.
ATTACHMENTS: Map of property, COJ Comprehensive Plan and zoning regulations for
this site, paragraph 1 and 12 of the COAB Agreement with the COJ
addressing annexation.
REVIEWED SY CITY MANAGER: ~^
/ August 23, 2004 regular meeting
2
AGENDA ITEM # 3A
MAY 24, 2010
From: John Collins
To: Hanson, Jim;
cc: Kaluzniak, Donna; "Gordon";
Subject: F11V: City R/W protected tree removal -Atlantic Beach Project
Date: Wednesday, May 12, 2010 12:37:10 PM
Hi Jim:
Per your request -could the design team provide a brief historical summary of
when it was determined that the COAB TMDL Sewer Piping Project would be
subject to COJ tree mitigation - i.e. portions that are located in Duval County?
The planning & design team (HDR or JCEA) evaluated as many as 16 TMDL sewer
piping routes to relocate wastewater from Buccaneer WWTP (the phase out) to AB
WWTP. In our evaluation of at least one of the routes -the use of the old Sherry
Road ROW and Selva Marina ROW (extension) was considered (old ROW was the
undeveloped area west of Oceanwalk Subdivision located in Duval County) and it
was determined that the piping project would be subject to COJ Tree Mitigation.
The history is
• Fall of 2008 -the design team was finalizing Technical Memo #2 & the
cost of the alternative routes. Design team established a tree mitigation cost
for the undeveloped area adjacent to Oceanwalk because previous city
efforts to install pipes in same area required COJ tree mitigation
(approximately 1990 by city records).
• Fall of 2009 -HDR met with City of Jacksonville to discuss COJ Tree
Mitigation requirements on a municipal project - COAB TMDL sewer pipe
project (see HDR email below)
• March 2010 -JCEA requested that Bernard Walsh, LA -employed on
COAB pipe project by JCEA - to verify current COJ Tree Mitigation rules and
mitigation costs. (see Walsh email below)
John Collins, PE
J. Collins Engineering Associates, LLC
11516-3 San Jose Blvd.
Jacksonville, FL 32223
904-262-4121
904-716-6282 (cell)
HDR Email
AGENDA ITEM # 3A
MAY 24, 2010
Wed 9/9/2009 5:05 PM
Jim, Billy Burke and I met with Kim Stewart and John Larson of COJ concerning our
approach to estimating the mitigation costs. Mr. Larson indicated that he has had
several conversations with area residents concerning the clearing. They concurred
that our approach was acceptable and that if a COJ street could be put in the
proposed easement at the same time preserving trees that would be the best
thing. In fact, they have some new design guidelines and options that may help
with developer with preserving trees as he develops.
Kim did agree that if the pipe line was directional drilled across the property, then
the only mitigation that would be considered is what trees had to be removed to
accommodate the equipment.
So that everyone understands, please allow me to clarify that HDR did not do a
complete roadway design. Our approach was to make a solid attempt to provide
an estimate for mitigation if a 30 foot wide alignment was pushed through the
property, avoiding trees. This alignment should be adequate to design a roadway
with the character that The Estates would want.
Gordon Grimes, PE
Senior Project Manager
HDR ONE COMPANY ~ Many Solutions
200 West Forsyth Street I Suite 800 I Jacksonville, Florida 32202
Direct 904.598.8948 I Fax 904.598.8988 I
Walsh Email
From: Davis, Paul [mailto:PDavis@coj.net]
Sent: Thursday, March 11, 2010 11:00 AM
To: walshandwalsh@bellsouth.net
Subject: FW: City R/W protected tree removal
Note: The city will require tree protection that is based on locating the barricade one
foot away from the tree for each one inch caliper, so the survey should pick up
every tree in the easement plus any those is large enough and close enough to
warrant a barricade.
Paul M Davis, AICP, ASL.A
City Planner III, FL Landscape Architect Reg. No. LA0000936
AGENDA ITEM # 3A
MAY 24, 2010
City of Jacksonville Planning and Development Department
Ed Ball Building, 214 North Hogan Street, Room 3024
Jacksonville, Florida 32202
Telephone (904) 255-7822
Email pdavis@coj.net
From: Davis, Paul
Sent: Thursday, March 11, 2010 10:25 AM
To: 'BERNARD L WALSH RLA'
Subject: RE: City R/W protected tree removal
Yes. They are protected and replacement is 1:1 based on inches.
Paul M Davis, AICP, ASLA
City Planner III, FL Landscape Architect Reg. No. LA0000936
City of Jacksonville Planning and Development Department
Ed Ball Building, 214 North Hogan Street, Room 3024
Jacksonville, Florida 32202
Telephone (904) 255-7822
Email pdavis@coj.net
From: BERNARD L WALSH RLA [mailto:walshandwalsh@bellsouth.net]
Sent: Thursday, March 11, 2010 9:22 AM
To: Davis, Paul
Subject: RE: City R/W protected tree removal
Paul,
The project we are working on is a proposed 18 lot residential development
located within the City limits of Jacksonville. The property is located immediately
west of the city limits of Atlantic Beach. Our Client is Atlantic Beach Utilities. The
protected trees and Cabbage Palms have been surveyed and evaluated by a
Certified Arborist. We are currently preparing alternate roadway alignments to
minimize specimen tree removal.
There is a significant number of Cabbage Palms. Are Cabbage Palms projected? If
so, we will have to mitigate.
Your response would be appreciated.
Bernard Walsh
AGENDA ITEM t! 3A
MAY 24, 2010
From: Davis, Paul [mailto:PDavis@coj.net]
Sent: Tuesday, March 09, 2010 10:05 AM
To: BERNARD L WALSH RLA
Subject: RE: City R/W protected tree removal
• Trees equal to or greater than 6 inches are protected.
• Trees located on a property boundary are owned jointly by both property
owners and should be shown and protected.
• Tree protection barricades should be shown on the plan as one foot from
the tree for every inch caliper.
• Mitigation payments to the tree fund are not aowner/contractor option; it is
allowed only when there is no practical way to mitigate through on-site mitigation
plantings.
• Current mitigation cost is $103 per inch. $44 per inch for palms and pines.
• All protected trees and an existing tree condition/disposition list should be
shown on the plans. ,
• All trees greater than 11.5 inches must be mitigated with shade trees. Trees
6-11 inches non-shade trees may be used.
Paul M Davis, AICP, ASLA
City Planner III, FL Landscape Architect Reg. No. LA0000936
City of Jacksonville Planning and Development Department
Ed Ball Building, 214 North Hogan Street, Room 3024
Jacksonville, Florida 32202
Telephone (904) 255-7822
Email pdavis@coj.net
From: BERNARD L WALSH RLA [mailto:walshandwalsh@bellsouth.net]
Sent: Tuesday, March 09, 2010 9:53 AM
To: Davis, Paul
Subject: FW: City R/W protected tree removal
Paul,
If you can answer my question that I sent to Kim, it would be appreciated.
Bernard Walsh
From: BERNARD L WALSH RLA [mailto:walshandwalsh@bellsouth.net]